Official Report

Subordinate Legislation Committee 23 November 2010

Decision on Taking Business in Private
Draft Instrument subject to Approval
   National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 (Draft)
Instruments subject to Annulment
   Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Amendment Regulations 2010 (SSI 2010/392)
   Fire Safety (Scotland) Amendment Regulations 2010 (SSI 2010/393)
   National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2010 (SSI 2010/394)
   National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2010 (SSI 2010/395)
Instruments not laid before the Parliament
   Act of Adjournal (Criminal Procedure Rules Amendment No 3) (Scottish Criminal Cases Review Commission) 2010 (SSI 2010/386)
   Planning etc (Scotland) Act 2006 (Commencement No 10) Order 2010 (SSI 2010/400)
Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill: Stage 1
Certification of Death (Scotland) Bill: Stage 1

Decision on Taking Business in Private

back to top

The Convener (Jamie Stone): I welcome everyone to the 32nd meeting in 2010 of the Subordinate Legislation Committee. We have apologies from Elaine Smith, who is unwell. Let us hope that she recovers soon. I remind everyone present to turn off their mobiles and BlackBerrys.

The first agenda item is to decide whether to take item 7 in private. Is that agreed?

Members indicated agreement.

Draft Instrument subject to Approval

back to top

National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 (Draft)

back to top

The Convener: The committee agreed that no points arose on the instrument.

We should welcome the Government’s quick replacement of the original draft of the order with a corrected version in response to comments from our legal advisers. Well done them, and well done us.

Instruments subject to Annulment

back to top

Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Amendment Regulations 2010 (SSI 2010/392)

back to top

Fire Safety (Scotland) Amendment Regulations 2010 (SSI 2010/393)

back to top

National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2010 (SSI 2010/394)

back to top

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2010 (SSI 2010/395)

back to top

: The committee agreed that no points arose on the instruments.

Instruments not laid before the Parliament

back to top

Act of Adjournal (Criminal Procedure Rules Amendment No 3) (Scottish Criminal Cases Review Commission) 2010 (SSI 2010/386)

back to top

The Convener: Do we agree to report, under the general reporting ground, that there is a minor drafting error in the act of adjournal that does not impinge on its substance or policy? The Lord President’s private office acknowledges the minor error and will correct it as soon as possible.

Members indicated agreement.

Planning etc (Scotland) Act 2006 (Commencement No 10) Order 2010 (SSI 2010/400)

back to top



The committee agreed that no points arose on the instrument.

Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill: Stage 1

back to top

The Convener: Our advisers have asked the Scottish Government a couple of questions about the delegated powers in the bill. The first asks for the Government’s justification for choosing negative rather than affirmative procedure in relation to the power under section 3(7)(c). The second asks whether the guidance made under section 11 should be laid before the Parliament. Do we agree to ask those two questions, which are in the summary of recommendations?

Members indicated agreement.


The Convener: Are we content with the other proposed powers in the bill?

Members indicated agreement.


The Convener: We will consider the Government’s response, along with a draft report, at our meeting in a fortnight’s time, on 7 December.

Certification of Death (Scotland) Bill: Stage 1

back to top

The Convener: There are a number of proposed delegated powers in the bill, on some of which our team has again raised a few questions. Do we agree to ask the questions set out in the summary of recommendations?

Members indicated agreement.


The Convener: Are we otherwise content with the powers in the bill?

Members indicated agreement.


The Convener: We will consider the Government’s response, along with a draft report, at our meeting in a fortnight’s time, on 7 December.

14:17 Meeting continued in private until 14:19.